[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44238-44241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18796]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID: FEMA-2018-0015]
RIN 1660-AA94


Removal of Dispute Resolution Pilot Program for Public Assistance 
Appeals

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency (FEMA) is removing its 
regulations regarding its Dispute Resolution Pilot Program (DRPP) for 
the Public Assistance Program. The statutory authority for the DRPP 
sunset on December 31, 2015.

DATES: This rule is effective August 30, 2018.

ADDRESSES: The docket for this rulemaking is available for inspection 
using the Federal eRulemaking Portal at http://www.regulations.gov and 
can be viewed by following that website's instructions.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel, 
Regulatory Affairs, Office of Chief Counsel, Federal Emergency 
Management Agency, 500 C Street SW,

[[Page 44239]]

Washington, DC 20472, 202-646-4046, or (email) liza.davis@fema.dhs.gov.

SUPPLEMENTARY INFORMATION: Section 1105 of the Sandy Recovery 
Improvement Act of 2013 (SRIA), Public Law 113-2, 127 Stat. 43 (Jan. 
29, 2013), 42 U.S.C. 5189a note, directed FEMA to establish a Dispute 
Resolution Pilot Program (DRPP). The DRPP allowed applicants to choose 
arbitration by an independent review panel in lieu of a second appeal 
to resolve disputes relating to Public Assistance projects. FEMA 
published a final rule on August 16, 2013 (78 FR 49950) to establish 
the DRPP. The regulation is located at 44 CFR 206.210.
    Under section 1105 of SRIA, the authority to accept requests for 
arbitration pursuant to the DRPP sunset on December 31, 2015. FEMA did 
not receive any requests for arbitration under the DRPP. As the 
authority for the DRPP has sunset, FEMA is now removing the regulations 
from the CFR.

Regulatory Analysis

Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires agencies 
to publish a notice of proposed rulemaking in the Federal Register and 
provide interested persons the opportunity to submit comments. See 5 
U.S.C. 553(b) and (c). The APA provides an exception to this 
requirement for rules of agency organization, procedure, or practice. 5 
U.S.C. 553(b)(A). The final rule that established 44 CFR 206.210 was a 
rule of agency organization, procedure, or practice, and was 
promulgated without notice and comment rulemaking. This removal of that 
rule is also a rule of agency organization, procedure, or practice. 
Removing these regulations is consistent with FEMA's current statutory 
authority and does not affect the substantive rights or interests of 
the public.
    The APA also provides an exception from notice and comment 
procedures when an agency finds for good cause that those procedures 
are impracticable, unnecessary, or contrary to the public interest. 5 
U.S.C. 553(b)(B). FEMA finds good cause to issue this rule without 
prior notice or comment, as such procedures are unnecessary. The 
removal of these regulations would have no substantive effect on the 
public because the statutory authority for the DRPP has sunset.
    The APA generally requires that substantive rules incorporate a 30-
day delayed effective date. 5 U.S.C. 553(d). This rule, however, is 
merely procedural and does not impose substantive requirements; thus, 
FEMA finds that a delayed effective date is unnecessary.

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (April 5, 2017).
    SRIA included a sunset provision of December 31, 2015 for the DRPP. 
Accordingly, the program is discontinued and there are no costs or cost 
savings associated with removing the regulations regarding the DRPP. 
This rule's benefits include a more streamlined CFR that reflects 
current program options.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and 
section 213(a) of the Small Business Regulatory Enforcement Fairness 
Act of 1996, Public Law 104-121, 110 Stat. 847, 858-9 (Mar. 29, 1996) 
(5 U.S.C. 601 note) require that special consideration be given to the 
effects of regulations on small entities. The RFA applies only when an 
agency is ``required by section 553 . . . to publish general notice of 
proposed rulemaking for any proposed rule.'' 5 U.S.C. 603(a). An RFA 
analysis is not required for this rulemaking because FEMA is not 
required to publish a notice of proposed rulemaking.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504, 
1531-1536, 1571, pertains to any rulemaking which is likely to result 
in the promulgation of any rule that includes a Federal mandate that 
may result in the expenditure by State, local, and Tribal governments, 
in the aggregate, or by the private sector, of $100 million (adjusted 
annually for inflation) or more in any one year. If the rulemaking 
includes a Federal mandate, the Act requires an agency to prepare an 
assessment of the anticipated costs and benefits of the Federal 
mandate. The Act also pertains to any regulatory requirements that 
might significantly or uniquely affect small governments. Before 
establishing any such requirements, an agency must develop a plan 
allowing for input from the affected governments regarding the 
requirements.
    FEMA has determined that this rulemaking will not result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
nor by the private sector, of $100,000,000 or more in any one year as a 
result of a Federal mandate, and it will not significantly or uniquely 
affect small governments. Therefore, no actions are deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public 
Law 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.), 
FEMA may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.
    Due to this final rule, FEMA will remove FEMA Form 055-0-0-1, 
Request for Arbitration and Recommendation resulting from Dispute 
Resolution Pilot Program from information collection, OMB Control 
Number 1660-0017, Public Assistance Program. Since the program is 
discontinued, the form is no longer required, and FEMA is removing the 
associated hour burden estimates which equal 60 hours. Thus, the total 
hour burden for this collection is being reduced from 425,736 to 
425,676.

Collection of Information

    Title: Public Assistance Program.
    OMB Number: 1660-0017.

[[Page 44240]]

    FEMA Forms: FEMA Form 009-0-49 Request for Public Assistance; FEMA 
Form 009-0-91 Project Worksheet (PW); FEMA Form 009-0-91A Project 
Worksheet (PW)--Damage Description and Scope of Work Continuation 
Sheet; FEMA Form 009-0-91B Project Worksheet (PW)--Cost Estimate 
Continuation Sheet; FEMA Form 009-0-91C Project Worksheet (PW)--Maps 
and Sketches Sheet; FEMA Form 009-0-91D Project Worksheet (PW)--Photo 
Sheet; FEMA Form 009-0-120 Special Considerations Questions; FEMA Form 
009-0-121 PNP Facility Questionnaire; FEMA Form 009-0-123 Force Account 
Labor Summary Record; FEMA Form 009-0-124 Materials Summary Record; 
FEMA Form 009-0-125 Rented Equipment Summary Record; FEMA Form 009-0-
126 Contract Work Summary Record; FEMA Form 009-0-127 Force Account 
Equipment Summary Record; FEMA Form 009-0-128 Applicant's Benefits 
Calculation Worksheet; and FEMA Form 009-0-111, Quarterly Progress 
Reports.
    Abstract: The information collected is utilized by FEMA to make 
determinations for Public Assistance grants based on the information 
supplied by the respondents.
    Affected Public: State, Local or Tribal government.
    Estimated Number of Respondents: 1012.
    Estimated Number of Responses: 398,068.
    Estimated Total Annual Burden Hours: 425,676.
    Estimated Total Annual Respondent Cost: The estimated annual cost 
to respondents for the hour burden is $26,306,779.
    Estimated Respondents' Operation and Maintenance Costs: None.
    Estimated Respondents' Capital and Start-Up Costs: None.
    Estimated Total Annual Cost to the Federal Government: $805,311.96.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    Executive Order 13175, ``Consultation and Coordination With Indian 
Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency 
regulations that have Tribal implications, that is, regulations that 
have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes. Under this Executive Order, to the extent 
practicable and permitted by law, no agency shall promulgate any 
regulation that has Tribal implications, that imposes substantial 
direct compliance costs on Indian Tribal governments, and that is not 
required by statute, unless funds necessary to pay the direct costs 
incurred by the Indian Tribal government or the Tribe in complying with 
the regulation are provided by the Federal Government, or the agency 
consults with Tribal officials.
    FEMA is removing the DRPP regulations, whose legislative authority 
has sunset. The removal of these regulations will have no substantive 
effect on the public since the statutory authority for the program has 
sunset and will not affect the substantive rights or interests of 
Indian Tribal governments.

Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10, 
1999, sets forth principles and criteria that agencies must adhere to 
in formulating and implementing policies that have federalism 
implications, that is, regulations that have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. Federal agencies must closely examine 
the statutory authority supporting any action that would limit the 
policymaking discretion of the States, and to the extent practicable, 
must consult with State and local officials before implementing any 
such action.
    FEMA has determined that this rulemaking does not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, and 
therefore does not have federalism implications as defined by the 
Executive Order.

National Environmental Policy Act of 1969 (NEPA)

    Under the National Environmental Policy Act of 1969 (NEPA), as 
amended, 42 U.S.C. 4321 et seq., an agency must prepare an 
environmental assessment or environmental impact statement for any 
rulemaking that significantly affects the quality of the human 
environment. FEMA has determined that this rulemaking does not 
significantly affect the quality of the human environment and 
consequently has not prepared an environmental assessment or 
environmental impact statement.
    Rulemaking is a major Federal action subject to NEPA. Categorical 
exclusion A3 included in the list of exclusion categories at Department 
of Homeland Security Instruction Manual 023-01-001-01, Revision 01, 
Implementation of the National Environmental Policy Act, Appendix A, 
issued November 6, 2014, covers the promulgation of rules, issuance of 
rulings or interpretations, and the development and publication of 
policies, orders, directives, notices, procedures, manuals, and 
advisory circulars if they meet certain criteria provided in A3(a-f). 
This rule meets Categorical Exclusion A3(a), which covers rules of a 
strictly administrative or procedural nature.

Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5 
U.S.C. 801-808, before a rule can take effect, the Federal agency 
promulgating the rule must submit to Congress and to the Government 
Accountability Office (GAO) a copy of the rule; a concise general 
statement relating to the rule, including whether it is a major rule; 
the proposed effective date of the rule; a copy of any cost-benefit 
analysis; descriptions of the agency's actions under the Regulatory 
Flexibility Act and the Unfunded Mandates Reform Act; and any other 
information or statements required by relevant executive orders.
    FEMA has sent this final rule to the Congress and to GAO pursuant 
to the CRA. The rule is not a ``major rule'' within the meaning of the 
CRA. It will not have an annual effect on the economy of $100,000,000 
or more; it will not result in a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions; and it will not have significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community 
facilities, Disaster assistance, Fire prevention, Grant programs--
housing and community development, Housing, Insurance, 
Intergovernmental relations, Loan programs--housing and community 
development, Natural resources, Penalties, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, the Federal Emergency 
Management Agency amends 44 CFR part 206 as set forth below:

[[Page 44241]]

PART 206--FEDERAL DISASTER ASSISTANCE

0
1. The authority citation for part 206 is revised to read as follows:

    Authority: Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act 
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security 
Delegation 9001.1.


Sec.  206.210   [Removed and Reserved]

0
2. Remove Sec.  206.210.

    Dated: August 23, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18796 Filed 8-29-18; 8:45 am]
 BILLING CODE 9110-11-P